Exam Alert: FINRA changes research analyst rules for offerings of emerging growth companies

FINRA has changed its rules to reflect the loosened standards for research analyst activities in connection with offerings of emerging growth companies (EGCs). These new standards are a result of the JOBS Act. Continue reading

FINRA has changed its rules to reflect the loosened standards for research analyst activities in connection with offerings of emerging growth companies (EGCs). These new standards are a result of the JOBS Act. The changes include:

-Research analysts may now attend meetings with issuer management that are also attended by investment banking personnel, in connection with an IPO of an EGC.

-FINRA has eliminated all quiet periods in connection with IPOs, secondary offerings, and lock-up agreements in relation to EGCs.

FINRA announced the changes on November 1, 2012, but they are effective retroactively to either April 5, 2012 or October 11, 2012, depending on the specific change.

Source: FINRA Regulatory Notice 12-49: SEC Approves Amendments to NASD Rule 2711 and Incorporated NYSE Rule 472 to Conform to JOBS Act Requirements

This alert applies to the Series 79, Series 62, Series 24, Series 7, and Series 82.

Exam Alert: FINRA to implement new electronic filing system for public offerings

Firms that participate in initial public offerings must submit certain information about the offered security to FINRA, including the registration statement/offering circular and the underwriting agreement. FINRA will be shifting from the current system for filing this information to a new system in the near future:
-The last day firms may file using the old system (COBRADesk) is May 31, 2012.
-The firms may first file under the new system (Public Offering System) on June 4, 2012.
-Firms will no longer have access to the old system for data retrieval after June 20, 2012. Continue reading

Firms that participate in initial public offerings must submit certain information about the offered security to FINRA, including the registration statement/offering circular and the underwriting agreement. FINRA will be shifting from the current system for filing this information to a new system in the near future:
-The last day firms may file using the old system (COBRADesk) is May 31, 2012.
-The firms may first file under the new system (Public Offering System) on June 4, 2012.
-Firms will no longer have access to the old system for data retrieval after June 20, 2012.

FINRA will generally not be migrating data from the old system to the new one.  However, FINRA will transfer over base prospectuses submitted for shelf offerings.

The new system includes new features.  FINRA will be releasing further information on the new system on its website.

Emerging growth companies that choose to file their IPOs confidentially with the SEC must still file information with FINRA (all filings with FINRA under the Corporate Financing Rules are nonpublic).

Firms remain responsible for the accuracy of their filings even if the filing is made by a third party.

Source: FINRA Regulatory Notice 12-22

This exam alert applies to the Series 62, Series 79, Series 24, Series 7, and Series 82.